February 2, 2009

Headlock for 30 seconds sufficient for simple assault State v. Stull

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Headlock for 30 seconds sufficient for simple assault
State v. Stull __ NJ Super. ___ (App. Div.)
A-5097-06T4 11-18-08

Defendant was convicted of simple assault. He contends that the evidence did not permit the trial court to find that he caused "physical pain." N.J.S.A. 2C:11-1a; N.J.S.A. 2c:12-2a. Defendant placed and held the victim in a headlock for twenty to thirty seconds, squeezed his neck and yanked and swung him around. There was no testimony about the victim's pain and he did not sustain bruises or seek or receive treatment. The court concludes that the State met its obligation to prove guilt beyond a reasonable doubt through proof of defendant's conduct and inferences reasonable on the evidence as a whole.

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